IN COURT: EMPLOYMENT
Court to make a ruling on ATS case next week
The Employment Court in Lautoka yesterday heard the case of the 285 employees terminated by the Air Terminal Services (Fiji) Ltd (ATS).
Federated Airlines Staff Association (FASA) is challenging the dismissal by ATS.
Justice Mohamed Javed Mansoor presided over the matter. Representing
FASA was Niveen Padarath while Devanesh Sharma represented ATS.
In Mr Padarath’s submission, he told the court that based on Division two of the Employment Relations
Act Section 41, the contract may be determined and not terminated.
Mr Sharma told the court that the ultimate relief for those with terminated contracts was employment grievance because that was the right forum. He informed court that Mr Padarath had filed a summon yesterday and now sought to amend it and include another ground.
The court heard that this was why Mr Sharma had not served Mr Padarath with a response. Mr Padarath submitted that the terminations be withdrawn and an injunction order be granted to stop the process of termination.
The court heard that the issue of both the summons could be addressed in the written submissions.
Justice Mansoor said he would not make any orders, however he would make a ruling next week after both parties responded to affidavits which they were to file.